The Personal Injury Blog feed

Pleural Plaques Bill off to a good start!

2010-02-08 00:00:00

Readers of my blog will know that as well as waiting for the government to make an announcement on pleural plaques, Labour MP Andrew Dismore has 2 bills going through the commons at present which are private members bills. Both bills were debated last Friday.The first , the Damages ( Asbestos Related Conditions ) Bill, seeks to restore as a compensateable condition pleural plaques. On Friday, it went through it's 2nd reading, committee stage and 3rd reading unopposed in the commons. The bill will now go to the House of Lords for consideration. It will need to complete 3 readings and a committee stage there before it can be passed as law. All this has to be completed before the general election or the bill will fail.

On the same day in the House of Lords, a bill with exactly the same wording as the commons bill was passed at second reading and now goes to the committee stage.

The second bill in the commons was the Employers Liability Insurance Bureau Bill - to provide a scheme for an insurer of last resort for victims of asbestos related cancers such as mesothelioma when it is not possible to trace the Employers Liability insurers of a defunct company. We have been expecting a government announcement about this but nothing has been announced yet. Unfortunately this ran out of time on Friday and has been relisted for consideration for 2nd reading on the 26 February 2010.

If you or a member of your family has been diagnosed with an asbestos related disease, call our specialist asbestos solicitors on 0800 0384 384 during business hours and a specialist asbestos lawyer can review your compensation claim for free while you are on the phone.

Death by dangerous driving when not behing the wheel

2010-02-03 00:00:00

I was satisfied to read that a passenger in a motor vehicle has been jailed for 4 years for causing death by dangerous driving, even though he was not behind the wheel.

John Nichols was in the passenger seat of his car, which hit a young couple causing their deaths. He permitted his partner, whom he knew to have been drinking, to drive his car home from a trip out to the horse races. His partner has already pleaded guilty to the same charge and has been sentenced to 7 and a half years. Judge John Milmo, sentencing Nichols, said he had been aware his partner was over the drink-drive limit and knew she was driving far too fast for the conditions.

I hope this will discourage and act as a reminder to others regards the dangers of drink driving, and the consequences. It sends home a message that drink driving, or permitting others to drink and drive, is unacceptable. I hope the victims families can take some comfort from this.

If you have been affected by the death or serious injury of a loved one the charity Brake can provide immediate support and practical help. They also provide educational services and campaign for improvements in road safety.

If you or a family member have been affected by an injury or fatality as a result of a road traffic accident and would like legal advice please feel free to contact our specialist injury solicitors on 0800 0384 384 during business hours and a specialist lawyer experienced in dealing with road traffic accidents can review your potential compensation claim for free whilst you are on the phone.

It's a Knockout Disappointment for Injured Claimant

2010-02-02 00:00:00

The recent case of an RAF service man who sustained catastrophic injury whilst taking part in an RAF fun day raises the issue of when a person can claim for injury having voluntarily taken part in such competitive and/or sporting activities.

Tragically the young RAF serviceman sustained three fractures to his cervical spine rendering him wheelchair-bound after diving head first into a shallow pool in an Its a Knockout type event.

The High Court has now considered this claim and decided that the organisers of the event were not liable for the terrible injuries sustained. The High Court found that if the event organisers had stopped the Claimant from diving head first into the pool, as other people had previously done, they would have reduced the enjoyment of the activity.

This decision follows in the wake of the Compensation Act 2006. This act was implemented after the Government became concerned by a media fuelled perception that there was an increasing compensation culture with an associated increasing fear of being sued which prevented beneficial activities such as school trips, and other voluntary and public service activities. Claimant Personal Injury lawyers have always refuted that such a culture exists, and indeed a Government task force also confirmed this, and recommended that the media ensure more responsible reporting of Personal Injury claims.

The Compensation Act 2006 now makes it clear that when considering claims stemming from such activities a court should consider whether taking precautionary steps may prevent an activity which is desirable from taking place. Essentially a balance had to be struck between the level of risk involved and the benefits the activity provided to the participants.

Every case will be assessed on its own merits. It is therefore essential that you obtain qualified legal advice if you have been injured whilst taking part in such a sporting or leisure activity. Accordingly if you or a member of your family has been injured, call our specialist injury solicitors on 0800 0384 384 during business hours and a specialist lawyer can review your compensation claim for free whilst you are on the phone.

No news yet on asbestos package - will victims be disappointed yet again?

2010-02-02 00:00:00

Last week I blogged that according to the press the government was about to announce a 70 million asbestos package to include setting up an insurance fund of last resort for suffers of the asbestos related cancer mesothelioma and to fund more research into this terrible asbestos cancer.

I also blogged that rumours had it that the second part of the announcement would be that the government would refuse to change the law to make pleural plaques (scarring of the lungs caused by asbesots exposure) compensatable again but would pay out a fixed sum to existing pleural plaques sufferers.

Frustratingly for victims of asbestos related diseases, so far the government has not announced anything. Yet again we seem to be waiting for an annoucement that never happens. This is heart breaking for the thousands of sufferers of mesothelioma, pleural plaques and other asbestos related diseases.

It would be a crying shame if the upcoming general elcetion were to overtake matters and nothing were to be done before then, leaving asbestos sufferers in more limbo.

The government needs to get it's act together, stop stalling and decide what it wants to do about pleural plaques, the employers liability insurance bureau of last resort and the mesothelioma research centre proposal.

Victims have waited long enough for justice.

Cyclists - Should they be insured?

2010-01-29 00:00:00

It is estimated that only 2% of the people who regularly cycle have insurance. 98% of regular cyclists might find themselves responsible for compensation if they cause or contribute to an accident.

There is a perception that it is cyclists who get injured. Many do. When they are injured in an accident caused by another party then they should seek compensation.

On occasions however, the cyclist will be the offending party and if they do not have insurance then they might find themselves paying large compensation claims.

Click here to read the full article.

Horrific number of Child Sex Crimes recorded last year

2010-01-29 00:00:00

Statistics obtained by the NSPCC on the number of child sex crimes recorded in 2009 has drawn attention to the ongoing problem in England and Wales.

The figures are shocking. Over 21,000 cases were recorded last year.

As a solicitor dealing with child abuse compensation claims, the majority of cases I deal with relate to offences committed a number of years ago. These figures are a reminder that sexual abuse of children is a real problem, the true extent of which may be far worse as these statistics only reflect reported cases.

Interestingly, the statistics show that girls are six times more likely than boys to be the victim of a sex crime and cases where the victim and offender are known to each other are four times higher than those involving strangers. The statistics obtained by the NSPCC through a Freedom of Information request were reported by SKY NEWS earlier this week.

Potential Disappointment for Pleural Plaque Sufferers

2010-01-28 00:00:00

Further to my most recent blog on this there are further rumours that the government is set to announce any day that victims of asbestos cancer mesothelioma where insurers cannot be traced will be compensated by a "fund of last resort" a bit like the Motor Insurers Bureau which compensates road traffic accident victims where the driver who hit them is untraceable or uninsured.

It is also expected that the package will include a research centre into asbestos-linked diseases and more money for victims of the deadly cancer mesothelioma, unions have been told according to the Liverpool Daily Post.

The potential big disappointment though for sufferers of pleural plaques is that rumours have it that Justice Secretary Jack Straw will confirm that future sufferers from pleural plaques will be unable to win compensation with only the existing 6,500 sufferers receiving "no fault" pay-outs and only of up to 5,000. This is a travesty of justice and very disappointing as in Scotland sufferers can now claim compensation again following a change in the law. English sufferers can quite rightly ask why they should be treated any differently from Scottish sufferers of pleural plaques. I also think it is disgraceful that apparently these no fault payouts will be funded by the taxpayer, rather than insurance companies. In my view the insurance industry should foot the bill given that they are set to save millions of pounds if future sufferers of pleural plaques cannot claim compensation.

Motorways not as safe as thought

2010-01-27 00:00:00

A study which looked at applying a safety rating to our major roads and motorways has revealed that only half of the motorways reach the top four star rating. Many motorways do not protect drivers who run off the road and other major roads score even lower ratings in the study.

The Road Safety Foundation inspected nearly all the motorways and major A roads in England. It gave them each a rating from one to four. Only half of the motorways were given the maximum four star rating. Unprotected signs and trees for example can turn a relatively minor problem with a burst tyre into a potentially fatal accident.

Three quarters of dual carriageways were given only three stars and single carriageway A roads fared the worst of all, with most only getting two stars for lacking the basic safety features to protect drivers.

The report argues that road crashes cost the economy 18 billion a year and calls for a major upgrading of the countrys road network. The Dutch Government is committed to raising its roads to a minimum three star rating by 2020 after a similar study. It would be nice to think that the British Government would commit to a similar programme of improvement.

If you have suffered injury following a road traffic accident then call our specialist solicitors for immediate advice. Telephone on 0800 0384 384 during business hours and a claims solicitor will review your accident for free while you are on the phone. If you prefer you can contact us by e-mail.

Under the influence while skiing leads you down a slippery slope

2010-01-27 00:00:00

Here in the Pannone Travel Law team, we are instructed time and again by Clients who have been the victims of skiing accidents. New research indicates that alcohol was a factor in many of the accidents that killed Britons in the Alps in 2009. Furthermore, more than half a million British skiers will ski this year whilst over the drink-drive limit the morning after their holiday revelry.

Not only is the risk of serious injury high when skiing, knee injuries being the most common, additional problems can arise with the expense of any medical treatment, medical transport and, if necessary, repatriation to the UK. Skiers should be very careful when selecting their ski insurance policy. Here are some tips to make sure, should the worst happen, you are not left with an avalanche of problems.

1. All travel insurance contracts include a clause that excludes claims brought as a result of being under the influence of alcohol. The reduced oxygen in air at altitude exacerbates the affects of alcohol so ensure that you are careful and conscientious about drinking alcohol the night before you ski.

2. If you own your own equipment check your policys small print. Some insurance policies do not cover accidents when the equipment is over a certain age, usually five years old. There are policies that do not have this exclusion so make sure you shop around.

3. Ensure that your chosen type of skiing is covered. Some insurance policies do not cover off-piste skiing or restrict the extent of the cover. For example, cover may be provided for marked, virgin runs but not for completely uncharted routes.

This advice does not minimise the impact a horrendous injury can have on your life but it can go some way to ensuring that you are properly insured for your trip.

If you have suffered an injury or been the victim of an accident whilst abroad you should ensure that you contact a travel law specialist on your return. We can advise on the merits of your case and under a no win, no fee agreement act on your behalf to ensure you have the best legal protection available.

Call our travel litigation solicitors on 0800 0384 384 during business hours and a specialist holiday accident, holiday illness or holiday sickness claim solicitor can review your compensation claim for free while you are on the phone. If you prefer you can contact us by e-mail.